Naples, FL asked in Consumer Law and Insurance Defense for Florida

Q: I have a check from my homeowners insurance for $8000 to replace my roof. Do I have to use it to replace my roof?

I am really not planning on doing that but I am behind in my mortgage and could use some of it for debt purposes. Otherwise I would like to know if I can deposit it and hold onto it because I cannot meet the financial obligation to meet a deductible of $4,000

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: A Florida attorney could advise best, but your question remains open for four weeks. Until you're able to discuss with a local attorney for definitive and state-specific guidance based on applicable insurance laws, in general nationwide, insurance carriers might not bother to enforce that payments are directly used toward repairs. However, there are settings where failure to use funds properly for intended repairs could result in challenging future claims involving related damages. A local attorney should advise because the settings can be fact-specific, based on policy conditions and applicable laws. Good luck

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